In the United States District Court for District of Colorado. Partner, Tom Arckey, co-counseled with the Denver Trial Attorney's Office of the EEOC, Rita Kittle, Lead Trial Counsel involving a class action claim for failure to hire and claims of racial discrimination retaliation under Title VII and 42 U.S.C. §1981. Our client, a human resource professional, spoke out against racial discrimination against persons of color at the company. She filed a charge of discrimination with the Equal Employment Opportunity Commission. The EEOC filed a lawsuit and on behalf of our client, we filed a complaint in intervention as an Intervener seeking damages on behalf of Ms. Ornelas. Please seeU.S. Employment Opportunity Commissionpress release 5-20-2004 orpdf.

Result:

After several years of litigation, including numerous depositions taken in Washington and Colorado, the parties entered in to a Consent Decree settlement of $3,370,000.00. Our client's efforts also resulted in the EEOC establishing a monitoring program designed to increase employment at the Company of the number of African Americans and black person.

Case if ADA Discrimination and Failure to Accommodate and Wrongful Termination

Steel Worker v. Steel Mill

A steel worker suffered injuries after which he was not permitted to return to work in his position, or in any other positions as an accommodation. He was told he had to be 100% recovered before he could return to work. He was placed on unpaid leave and eventually terminated. He was also requited unlawfully to provide his medical information when applying for other positions. He engaged Arckey & Associates to bring suit against his employer. With the assistance of an expert who conducted a facility inspection and a vocational evaluation of the employee, and employee interviews related to job functions, we were able to achieve a substantial and successful resolution for the client.

Result:

Employee received several years of back pay and attorney's fees.

Arbitration Against Oil and Gas Company Alleging Claims for Breach of Contract, Breach of the Duties of Good Faith and Fair Dealing, Breach of Fiduciary Duty, Non-Disclosure/Concealment, Fraud, Violation of the Colorado Securities Act, International Interference with Contract and Negligent Misrepresentation

Arbitration of Employee v. Oil Company

Our client entered into a Restricted Unit Agreement and became a unit holder of membership units in an oil and gas company. She was later terminated from her job and was forced, under duress, to sign a severance agreement and forfeit all of her vested membership units that she had earned or she would be terminated for cause. Seven days later she revoked her severance agreement within the 7-day revocation period and made legal demand for her membership units. Our client contended that the Company developed a scheme to deprive her of her Membership Interests.

Result:

The parties entered into a confidential settlement. Our client received a six figure settlement wherein the company purchased her membership units

Denial of Long Term Insurance Disability Insurance Benefits

Female Employee v. Insurance Company in the United States District Court for the District of Colorado.

Our client was disabled employee whose Long Term Disability (LTD) benefits were terminated. The employee was unable to work due to multiple injuries. Initially she was approved by her employer-provided insurance plan to receive LTD benefits. Our client asserted that her benefits were arbitrarily terminated because the insurer determined that she was capable of working in a full-time sedentary capacity. Our firm filed a lawsuit under The Employee Retirement Income and Security Act, ("ERISA") seeking reinstatement of her benefits. Ordinarily in an ERISA case, discovery is not permitted, but if granted by the Court the reviewing Court may examine the nature of the conflict of interest in having the plan administrator both determine and pay the claims. On behalf of our client, we obtained the right to proceed with depositions and written discovery. Result: After we successfully pursued and were granted our request to conduct discovery into the conflict of interest, we were able to resolve the matter to the client's satisfaction and obtain a significant lump sum settlement.

Result:

After we successfully pursued and were granted our request to conduct discovery into the conflict of interest, we were able to resolve the matter to the client's satisfaction and obtain a significant lump sum settlement.

Employee Wrongfully Sued for Non-compete and Trade Secrets Violations

Engineering company v. Employee in the Denver District Court.

In August 2010, our client was an employee who resigned from an engineering company. The employer had filed for a Temporary Restraining Order and Preliminary Injunction to prevent the employee from working in any capacity in the industry in which he was experienced, greatly restricting his ability to be employed in the worst economic environment since the Great Depression. The Company based its case on an employment agreement the client was required to sign when he began employment. Covenants not to compete are void under Colorado law, except in very narrow exceptions, and the employer was trying to enforce the agreement more broadly than drafted or necessary to protect its commercial interest.

Result:

The employee was given only a day's notice of the hearing on the injunction and came to our firm that evening. The next day, we successfully defended the TRO and injunction being sought against our client. The result was that our client did not violate the non-compete agreement. As a result, the client was able to seek employment in his chosen field.

Two Trial Victories and an Appeal Victory in One Case

Triad Consultants, Inc. v. Wiggins in the Douglas County District Court and in the United States District Court for Colorado

In August 2010, in a case pending since 2006, partner Tom Arckey and associate attorney won a $201,000 state court verdict for a former president who had been sued by his former employer. Initially, Triad filed the lawsuit against the former president in Federal Court located in Denver. Our firm was successful in defeating Triad's claim of unlawful computer access under the Computer Fraud and Abuse Act. The federal trial judge dismissed Triad's lawsuit. Triad appealed its dismissal of claims to the United States Court of Appeals for the Tenth Circuit. All eleven judges of the Court of Appeals agreed with the trial court and denied Triad's appeal. Triad then filed a lawsuit in the state court against our client alleging seven (7) violations of law against our client. Our client filed counterclaims against Triad for failure to pay him stock and equity in the company as promised. A jury trial of five days resulted in over a six figure verdict for our client on counterclaims.

Result:

A jury verdict of $201,000.

Case of Sex Discrimination and Unequal Pay

Female Employee vs. Insurance Company United States District Court for District of Colorado.

On behalf of our client we filed claims of gender discrimination, retaliation and violation of Equal Pay Act against her former employer. Our female client had voiced complaints about unequal pay for females and male preferential treatment in the workplace.

Result:

After numerous depositions taken in three separate states, a confidential settlement was reached. Our client received a six figure settlement with a value of three times her salary.

Case of State of Colorado Employee Wrongful Termination

State Employee v. State Department

Our client was employed by the state of Colorado. He was terminated from his job for allegedly violating work rules. Our client alleged that his supervisor violated work rules and was disciplined less harshly and that our client should not have been terminated. He filed his own appeal contesting his termination and then came to us to litigate his case before an Administrative Judge of the Colorado State Personnel Board.

Result:

After four (4) days of trial before the Administrative Judge, our client was vindicated and the state of Colorado was ordered to reinstate him with full back pay, benefits and statutory interest. The parties later entered into a confidential settlement resolving issues on appeal. Our client received all of his back pay and benefits and a substantial amount of his attorneys' fees.

Case of Federal Employee vs. United States of America

Our client was a federal employee working at the Denver Federal Center.

She was terminated from her position. She then pursued claims of discrimination based on sex, sexual harassment, disability, and reprisal. We represented her throughout the informal and formal stages of federal employee EEOC discrimination processes. After the trial commenced before an Administrative Judge of the Equal Opportunity Commission, the parties reached an agreement.

Result:

A confidential settlement into six figures provided our client with the equivalent of 3 years of income, expungement of her records in her official personnel file and payment of all of her attorneys' fees.

Case of Violations under the FMLA and ADA.

Female Nurse vs. Hospital, United States District Court for the District of Colorado

On behalf of our client, we filed a lawsuit for claims of violation of Family and Medical Leave Act retaliation

In violation of FMLA, discrimination under Americans With Disabilities Act and violations of unlawful disclosure of confidential information and prohibited medical inquiries under ADA, retaliation under ADA, retaliation under Title VII, wrongful discharge in violation of public policy, intentional interference with contract, and abuse of process.

Result:

A confidential settlement awarding our client a cash value of over two years salary and payment of all of her attorneys' fees.

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